UN SR Violence Against Women Report to CHR 2006
Author: Womens UN Report Network
Date: February 5, 2006
Attachments: UN SR
Violence Against Women Report to CHR 2006.pdf
Full UN Report is attached.. |
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ADVANCE EDITED
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Distr. E/CN.4/2006/61 Original: |
COMMISSION ON HUMAN RIGHTS
Sixty-second
session
Item 12 (a) of the provisional agenda
INTEGRATION OF THE HUMAN RIGHTS OF WOMEN AND THE
GENDER
PERSPECTIVE: VIOLENCE AGAINST
WOMEN
DUE DILIGENCE STANDARD AS A TOOL FOR THE
ELIMINATION OF VIOLENCE AGAINST
WOMEN
of the Special Rapporteur on violence against women,
causes and consequences, Yakin Erturk
Summary
This is my third report to the Commission in my capacity as the Special
Rapporteur on the violence against women, its causes and consequences, submitted
pursuant to Commission resolution 2005/41.
Chapter I of the report summarizes my activities in 2005 and chapter II
examines the due diligence standard as a tool for the effective implementation
of women’s human rights, including the right to live a life free from
violence.
The failure of international human rights law to adequately reflect and
respond to the experiences and needs of women has stimulated much debate on the
mainstream application of human rights standards. This has resulted in the transformation
of the conventional understanding of human rights and the doctrine of State
responsibility.
The 1993 Declaration on the Elimination of Violence against Women as well
as other international instruments adopted the concept of due diligence, in
relation to violence against women, as a yardstick to assess whether the State
has met its obligation. Under the
due diligence obligation, States have a duty to take positive action to prevent
and protect women from violence, punish perpetuators of violent acts and
compensate victims of violence.
However, the application of due diligence standard, to date, has tended
to be State-centric and limited to responding to violence when it occurs,
largely neglecting the obligation to prevent and compensate and the
responsibility of non-State actors.
The current challenge in combating violence
against women is the implementation of existing human rights standards to ensure
that the root causes and consequences of violence against women are tackled at
all levels from the home to the transnational arena. The multiplicity of forms of violence
against women as well as the fact that this violence frequently occurs at the
intersection of different types of discrimination makes the adoption of
multifaceted strategies to effectively prevent and combat this violence a
necessity.
In this regard, the potential of the due diligence standard is explored
at different levels of intervention: individual women, the community, the State
and the transnational level. At
each level, recommendations for relevant actors are highlighted. The report concludes that if we continue
to dare to push the boundaries of due diligence in demanding the full compliance
of States with international law, including to address the root causes of
violence, against women and to hold non-State actors accountable for their acts
of violence, then we will move towards a conception of human rights that meets
our aspirations for a just world free of violence.
CONTENTS
Introduction
I. ACTIVITIES
II. THE DUE DILIGENCE STANDARD AS
A TOOL
FOR THE ELIMINATION OF VIOLENCE
AGAINST WOMEN
A. Introduction
B. The due diligence
standard
1. Historical background
2. Underlying principles
3. Current applications
C. Obstacles and challenges for
broadening the vision
of rights
1. The public/private
dichotomy
2. Identity politics
3. Global restructuring
D. The potential of the due
diligence standard
1. At the level of individual
women
2. At the community/family
level
3. At the State level
4. At the transnational
level
III.
CONCLUSIONS
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